# 2022-157 Medical and Dental Care, Canadian Forces Temporary Duty Travel Instruction, Medical Treatment, Travel Expenses

Case summary

F&R Date: 2023-12-07

The grievor requested the payment of his claim for medical travel and temporary duty (TD) benefits for the period between February and May 2021. The grievor explained that since the hospital near his place of duty was not appropriately equipped to address his medical condition and that he needed to be close to a facility that could provide the necessary treatment, he had to be medically evacuated to another city where his next of kin resided so that he could receive support and appropriate health care treatment.

The Initial Authority (IA) concurred with the Directorate Medical Policy's recommendation that for the period where the grievor was on sick leave, the grievor's request for reimbursement was covered under the Assistant Deputy Minister (Human Resources-Military) Instruction 08/05, Health-related Travel. The IA also concluded that the grievor commenced his return to duty (RTD) program at the location where he was medically evacuated and, as such, he was not eligible for reimbursement beyond the date he started the RTD, granting the grievor partial redress.

The Committee concurred with the IA that the grievor was entitled to compensation for the period he was on sick leave. With respect to the period after he started the RTD, the Committee found that the grievor was not given the option to return to his normal workplace to carry out his RTD placement and that this decision appears to be unilaterally that of the Canadian Armed Forces. The order for the grievor to report to the unit where he was medically evacuated for his RTD was lawful and the grievor had no choice but to follow this order.

Further, the grievor required to be vaccinated against COVID-19 for a specific number of days before travelling. As a result, the grievor was separated for an additional period from his household goods and effects and forced to find alternate accommodation. As such, the Committee found that the grievor was on TD status from the start of his RTD program until the date that the grievor commenced the process of his move to his new place of duty as a result of a formal posting. The Committee recommended that the Final Authority grant redress to the grievor of the appropriate compensation of TD benefits for that period.